The legality of the peacetime draft before WWII was justified by the Supreme Court based on "International Law." That is what set the precedent. Unfortunately, other than enforcement of treaties, International Law is usually set in states where all rights lie in the government, and the people only have what the government gives them. Or, more precisely, one or more Supreme Court Justices want to do an end run around the Constitution, find some law in some other country, and then use "International Law" to justify their decision.
When one lives in a precedent-based legal system, bad law, even for good purposes, is still bad law.
In any case, at least the way the U.S. armed forces are currently set up, a draft if virtually useless. For most positions, a sufficiently high level of training is required that, by the time a draftee is ready to assume a position, their service time is almost complete. Add to that the large number of teaching personnel that will be required, and you will see that current calls for a draft are just political posturing.



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